2010 Annual Report - Lincoln County, Oregon

Lincoln County District Attorney’s Office
2010 Annual Report
February 2011

Please send comments, questions, and suggestions regarding this Annual Report to:
Rob Bovett
Lincoln County District Attorney
225 W Olive Street, Room 100
Newport, OR 97365
541-265-0269
rbovett@co.lincoln.or.us

Lincoln County District Attorney’s Office
2009 Annual Report
INDEX
1. Introduction 1
2. Who We Are 1
a. Staffing 1
b. Volunteers 1
c. Second Major Office Reorganization 2
3. What We Do 2
a. Our Mission Statement 2
b. Prosecution of Criminal Cases 2
c. Victim Support Services and Advocacy 3
d. Child Support Enforcement 3
e. Medical Examiner 3
4. Coordination 3
a. Law Enforcement Administrators Meetings 3
b. Judges Meetings 4
c. Local Public Safety Coordinating Council (LPSCC) 4
d. Many Others 4
• Major Crime Team (MCT) 4
• Multi-Disciplinary Team (MDT) 4
• Elder Abuse MDT 4
• Sexual Assault Response Team (SART) 4
• Domestic Violence (DV) Council 4
• Lincoln Interagency Narcotics Team (LINT) 5
• Drug and HOPE Court Team 5
5. Grand Jury 5
6. Training for Law Enforcement Partners 5
7. Problem Solving Courts 5
a. Drug Court 6
b. Domestic Violence Court 6
c. HOPE Court 7
d. Mental Health Court 7
e. Expedited Case Resolution Docket 7
8. Meth Initiative 8
a. Lincoln County Youth Film Program 8
b. Lincoln County Drug and HOPE Courts 8
c. Lincoln County Drug Endangered Children (DEC) Program 8
d. Oregon’s Response to the Meth Epidemic 8
9. Crime 9
10. Staff Roster and Assignments 10

Reminders about life . . .
The year 2010, as well as early 2011, served as reminders about how fragile
life can be. Two examples:
1. We lost a treasured friend and colleague, Melinda Dickinson, to a heart
attack after a long and courageous battle against cancer. Melinda had a long
career with law enforcement agencies in Lincoln County, most recently
serving as a Legal Assistant with the District Attorney’s Office. Heart
disease is the number one killer of women, and we sponsored a Resolution
in memory of Melinda before the Board of Commissioners to help raise
public awareness. A copy of that resolution is on the inside of the back
cover of this Annual Report. We encourage everyone to read that
Resolution and learn more about this important issue.
2. 2010 and early 2011 also reminded us how dangerous it is to serve as a law
enforcement officer. With multiple shootings and killings of police officers
around the nation, the message loudly came home to Lincoln County in
early 2011 with the shooting of Lincoln City Police Officer Steven Dodds
during a routine traffic stop. Officer Dodds, twice chosen by his peers as
Lincoln City Officer of the Year, was severely wounded in the attack. The
good news is that Officer Dodds has survived and is recovering. We have
been incredibly proud of the Lincoln County community for its strong and
unwavering display of support for Officer Dodds and his family. The
search for his assailant continues.
At various times many of us have been wearing a red ribbon in honor of
Melinda and a blue ribbon in honor of Steve.

1. Introduction
Dear fellow Lincoln County citizens, law enforcement partners, and local media:
It has been my distinct honor to serve as your Lincoln County District Attorney for the past two
years. I continue to be humbled by the dedication, passion, and commitment of the staff and
volunteers of your District Attorney’s Office, as well as our law enforcement partners.
The purpose of this Annual Report is to review some of the progress made over the past year,
as well as briefly describe our current initiatives to improve public safety in Lincoln County.
We have attempted to keep this Annual Report clear, concise, and concrete, as well as brief and
to the point. However, I have no doubt that we may have skipped, not adequately covered, or spent too
much time on certain issues. I therefore ask for your feedback, input, and suggestions, so that we may
improve our Annual Report in years to come.
Sincerely,
2. Who We Are
a. Staffing
Rob Bovett
Lincoln County District Attorney
The staff of your District Attorney’s Office consists of eight Deputy District Attorneys, seven
Legal Assistants, three Victim Advocates, two Child Support Caseworkers, an Investigator, a Records
Technician, a Victim Assistance Program Manager, a Case Manager, an Office Manager, a Chief
Deputy District Attorney, and the District Attorney.
This totals 27 employees. Twenty-three are full-time, and four are half-time, for a total of 25
Full Time Equivalent (FTE) positions. Just over 16 of those 25 FTE are supported by the County
General Fund. The rest are funded through grants or other state and federal sources.
b. Volunteers
The Lincoln County District Attorney’s Office is also blessed with many dedicated volunteers
that help us perform critical and core functions. We simply could not continue to function without our
volunteers. Traditional areas of volunteer work in the District Attorney’s Office include administration
and victim advocacy. In 2010 we further expanded the role of volunteers, which now include an
investigator and two highly experienced special prosecutors.
Volunteer opportunities are always available, and we encourage all those interested in
volunteering with our office to contact our Office Manager.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 1 of 10

c. Second Major Office Reorganization
As a result of further budget cuts, including the loss of two additional FTE, we implemented a
second major reorganization of the office. As with the first reorganization completed in 2009, the staff
of the District Attorney’s Office helped design and implement our 2010 reorganization. Attached as
page 10 of this Annual Report is a single page Roster and Assignment sheet giving a brief overview of
our current office configuration, along with contact information.
3. What We Do
In summary, the Lincoln County District Attorney's Office prosecutes crimes, provides services
to crime victims, provides training and resources for our law enforcement partners, facilitates child
support enforcement, and handles child dependency cases.
a. Our Mission Statement
The Lincoln County District Attorney's Office is committed to holding offenders accountable,
providing services to victims of crime, and using teamwork, leadership, and collaboration to make
Lincoln County a safer and better place to live.
b. Prosecution of Criminal Cases
The largest single function of the District Attorney’s Office is to review cases referred to us by
our law enforcement partners, determine whether to charge one or more crimes or violations in each
case and, for those cases where charges are filed, prosecute the cases on behalf of the State of Oregon.
Just over 3,100 cases are referred to us each year by our law enforcement partners. Below is a graph
showing total case referrals to the District Attorney’s Office from 2005 through 2010, as well as
broken out by felonies and misdemeanors.
Figure 1. Case Referrals to the Lincoln County District Attorney’s Office
Lincoln County District Attorney’s Office – 2010 Annual Report – page 2 of 10

A big caution: The number of case referrals to the District Attorney’s Office is not a direct
correlation with crime rates. It is more a reflection of law enforcement staffing levels. By way of
extreme example, if we laid off all of our law enforcement officers, case referrals to the District
Attorney’s Office would go to near zero, but reported crime would go through the roof.
That being said, the ratio of felony referrals as compared to misdemeanors continues to decline
(see the green line in Figure 1 on the preceding page). This is a good trend, of course. Misdemeanors
also declined in 2010 (see the red trend line in Figure 1), but this is only a one year trend.
c. Victim Support Services and Advocacy
A key function of the District Attorney’s Office is to provide direct services to victims of crime.
These services include, but are not limited to, notification of crime victim’s rights, notification of court
proceedings, assistance with resource referral, assistance with crime victim compensation applications,
and advocacy in court proceedings.
Many of our partner agencies, such as My Sister’s Place and the Children’s Advocacy Center,
also provide direct services to crime victims. Our advocates work closely with those agencies to
coordinate services.
d. Child Support Enforcement
The District Attorney’s Office is also charged with enforcing child support obligations, both
current and past due child support payments, on behalf of those to whom payments are due. These duties
are carried out in accordance with state and federal law, and in close consultation and collaboration with
the Oregon Department of Justice.
e. Medical Examiner
Under Oregon law, a county Medical Examiner is required to investigate all deaths which occur
outside of institutions, and to process death certificates. Medical Examiner services in Lincoln County
are provided through contract with a local physician, who works closely with the District Attorney’s
Investigator, Crash Team, Major Crime Team, and others.
4. Coordination
A critical part of our work is to ensure that we utilize our resources to deliver the best possible
public safety services for the citizens of Lincoln County. This cannot effectively be accomplished
without close collaboration with our courts and law enforcement partners.
a. Law Enforcement Administrators Meetings
Each month the law enforcement agency administrators meet to discuss issues, challenges, and
opportunities for improvement. The location of the meetings rotate among the law enforcement
agency offices. These meetings help coordinate our efforts, build teamwork, improve efficiencies, and
head off potential problems.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 3 of 10

. Judges Meetings
Each month our four Circuit Court judges and their staff meet with the District Attorney to
discuss issues, challenges, and opportunities for improvement. These meetings have likewise proven
to be highly effective at solving issues, and helping our justice system improve for the 21 st Century.
c. Local Public Safety Coordinating Council (LPSCC)
The Lincoln County Local Public Safety Coordinating Council is charged with reviewing key
planning efforts to improve public safety in Lincoln County. LPSCC plays a vital role in reviewing
and approving plans for community corrections, juvenile crime reduction, and implementation of
problem solving courts.
Focus on Predatory Sex Crimes
d. Many Others
There are also many specialized teams that meet
regularly and coordinate activities relating to specific cases
under investigation. Examples include, but are not limited
to:
• The Lincoln County Major Crime Team (MCT),
which consists of detectives from every law
enforcement agency operating in Lincoln County, as
well as prosecutors from the District Attorney’s
Office.
• The Lincoln County Multi-Disciplinary Team
(MDT), which coordinates the investigation and
prosecution of cases involving child abuse and
neglect.
• The Lincoln County Sexual Assault Response Team
(SART), which coordinates the investigation and
prosecution of cases involving sex crimes committed
against adults.
• The Lincoln County Elder Abuse MDT, which
coordinates the investigation and prosecution of cases
involving elder abuse and neglect.
• The Domestic Violence (DV) Council, which
coordinates Lincoln County’s proactive response to
domestic violence, including the Lincoln County
Domestic Assault Response Team (DART) and the
Lincoln County Domestic Violence (DV) Court.
More on DV Court can be found on page 6.
The District Attorney’s Office is
strongly committed to prosecuting
predatory sex crimes.
2010 served as a stark reminder that
predators often target the most
vulnerable in our community, such as
children and the elderly. Sometimes
that vulnerability makes these types of
cases especially challenging, but also
vitally important. Two recent cases
serve to make the point:
1. State v Kirk Garrison
Following a 12 week trial prosecuted
by Deputy District Attorney Michelle
Branam, the defendant was convicted
of sexually abusing and raping
multiple at-risk foster children placed
in his care. For those crimes, he was
sentenced to over 40 years in prison.
2. State v John Larsen
Following a trial in January of 2011
prosecuted by Special Prosecutor Alice
Vachss and Deputy District Attorney
Drew Moore, the defendant was
convicted of assaulting and raping
meth-addicted young women. For
those crimes, the defendant was
sentenced to 30 years in prison.
The District Attorney’s Office will
continue to aggressively prosecute
these types of crimes.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 4 of 10

• The Lincoln Interagency Narcotics Team (LINT), which focuses on mid and upper level drug
dealing and manufacturing in Lincoln County.
• The Lincoln County Drug and HOPE Court Team, which meets weekly to staff cases in the
Lincoln County Drug and HOPE Court Programs. More on those programs can be found on
pages 6 and 7.
5. Grand Jury
The Lincoln County Grand Jury is a core component of our criminal justice system. The Grand
Jury performs a number of critical functions, most notably hearing evidence and issuing indictments in
felony cases, and authorizing subpoenas during criminal investigations. Each Grand Jury panel serves
for two months, and we currently utilize two simultaneous Grand Jury panels (one meets every
Tuesday, the other every Thursday).
The Grand Jury is also required by law to tour and examine the operations of the Lincoln
County Jail once each year. However, in January of 2009 we implemented, and the Sheriff’s Office
has enthusiastically supported, the expansion of those tours to every Grand Jury panel.
6. Training for Law Enforcement Partners
Laws are constantly being amended by our legislature and interpreted by our courts. This is
especially true when it comes to criminal law. It is therefore vital that we keep our law enforcement
partners up-to-date through regular training.
Therefore, in 2009 the District Attorney’s Office developed and
implemented a training program for our law enforcement partners. We select
training topics that are current and relevant, and also encourage our law
enforcement colleagues to suggest topics. A prosecutor or prosecutors from
our office then provide a training program, followed by a question and answer
period, at a shift change briefing at one of our local law enforcement agency
offices. That training segment is video recorded on DVD by the Lincoln
County Public Information Officer. We then duplicate the DVD and provide a
copy to each law enforcement partner.
7. Problem Solving Courts
In the last part of the 20 th Century, and continuing into this Century, justice systems have
developed and implemented programs to remedy the revolving door of justice, reduce recidivism, and
improve public safety. Some of these initiatives directly involve the participation of our courts. These
are generally referred to as problem solving courts.
These evidence-based court programs save taxpayer dollars, hold offenders accountable, save
lives and families, and reduce recidivism.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 5 of 10

Here is a brief overview of the current status of problem solving courts in Lincoln County:
a. Drug Court
The Lincoln County Drug Court Program was the first problem solving court implemented in
Lincoln County. It has been operating for five years. Oregon and Florida were the first to pioneer
these courts, and they have now been expanded to nearly every Oregon County through the passage of
the comprehensive Oregon anti-meth legislation in 2005.
Drug Courts are not soft and squishy. They are demanding and tough, and participation
requires at least a one year obligation. Drug Courts save lives and families, and reduce crimes driven
by drug addiction. Drug Court provides treatment, recovery support, and accountability.
In early 2009, we took the last remaining and required steps to implement what are known as
the 10 Key Components of Drug Court, thus ensuring the continuing viability and funding for the
Lincoln County Drug Court Program, which currently has a capacity of 25 participants.
The Honorable Thomas Branford presides over our Drug Court. In a criminal justice system
constantly filled with sad stories, tragedies, and victims, Drug Court is a beacon of hope and it is
uplifting to see participants get clean and sober, stop committing crimes, and becoming parents once
again.
b. Domestic Violence Court
In early 2010, we began the Lincoln County Domestic Violence (DV) Court Program, with the
Honorable Sheryl Bachart presiding. The goal of DV Court is to provide for a relatively uniform
response to domestic violence, as well as a coordinated and rapid disposition of cases to enhance safety
for victims, rehabilitation of offenders, and reduction of recidivism.
In October of 2010, after eight months of operation, here was Judge Bachart’s assessment of
the DV Court Program:
“I know there are a number of different ways to gauge the success of DV Court, but
from the court's perspective it is a tremendous success thus far. Yesterday, there were
27 persons scheduled to appear for compliance review. (for those appearing yesterday,
they can attest it was standing room only) 26 persons appeared. (this in and of itself is
outstanding!!) The one person who did not appear was still in compliance with DV
classes. Only 4 persons were noncompliant out of the 27. I have nothing to compare
this to, but an 85% compliance rate is pretty amazing! In addition, many of the cases
were 180-day reviews rather than the initial 60-day reviews. In at least 5 cases, no
contact orders were lifted. The report the court receives from Mr. Chapin is that
participation in his classes has increased overall. For these reasons, DV Court is
exceeding any expectation the court had going into this.”
Lincoln County District Attorney’s Office – 2010 Annual Report – page 6 of 10

c. HOPE Court
In 2009, we successfully secured funding to begin the Lincoln County HOPE Court Program.
HOPE Court, which stands for Help and Opportunity through Probation with Enforcement, was
pioneered in Hawaii by a judge who had grown weary of repeatedly sending the same persons to
prison, over and over again, due to property crimes driven by addiction.
The Oregon Criminal Justice Commission has estimated that 78 percent of property crimes are
committed by persons seeking to support their substance abuse and addiction.
HOPE Court is very similar to Drug Court, with some key differences: Because HOPE Court
deals primarily with property offenders rather than drug offenders, a key focus is on victim restitution.
Also, sanctions for violations are even more swift and sure.
The Honorable Thomas Branford presides over the Lincoln County HOPE Court Program,
which has already achieved great success in its goals, while at the same time saving the State of
Oregon precious funds during the current state budget crisis.
d. Mental Health Court
Like all other jurisdictions, the criminal justice system in Lincoln County is often forced to deal
with repeat offenders whose crimes stem primarily from mental illness. Typical examples are
disorderly conduct and criminal trespass.
The system is not well suited to handle such cases, and a Mental Health Court is a proven
method of solving some of those problems and breaking the cycle of crimes driven by mental health
disorders. Key components are diversion from the typical criminal justice system, plus regular court
appearances to ensure appropriate mental health treatment and medication.
Developing and implementing a Lincoln County Mental Health Court has been a consistent
goal of the Honorable Charles Littlehales, Presiding Judge of the Lincoln County Circuit Court, and
the Mental Health Subcommittee of the Local Public Safety Coordinating Council.
In early 2010, the Lincoln County Mental Health Court Program began with a strong
commitment from the partners, an initial capacity of five participants, and a small amount of funding.
The Program has already achieved great success, and Judge Littlehales recently announced that
Program capacity would therefore be expanded.
e. Expedited Case Resolution Docket
In 2010, we began working with our judges, court staff, and the head of our defense consortium
to begin the process of establishing the parameters of a court docket to provide for expedited case
resolution. The advantages of such an expedited docket is early intervention, fewer court appearances
by attorneys, less delays, fewer required grand jury proceedings, and reduced crime. There are many
details to work out and issues to sort through before such a docket can be implemented, but it is our
goal to test such a system in 2011.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 7 of 10

8. Meth Initiative
The Lincoln County Meth Initiative focuses on
delivery of science-based prevention, enforcement, and
treatment services, and has received national and
international acclaim and replication for its accomplishments.
a. Lincoln County Youth Film Program
In contrast to our natural instincts, decades of prevention science tell us that we can’t scare our
children into not using and becoming addicted to drugs. One effective tool, however, is direct
education and information, and this tool is amplified when the educators are peers.
Thus became the Lincoln County Youth Film Program,
featuring drug awareness film and media products that are
produced, written, and directed by the youth of Lincoln
County, supported by our own teachers and filmmakers-inresidence
from the Northwest Film Center.
Now in its seventh consecutive year, the Lincoln County
Youth Film Program has produced film and media products that have been shown and showcased on
national and international stages.
b. Lincoln County Drug and HOPE Courts
See pages 6 and 7 of this report for a description of the Drug Court and HOPE Court Programs.
c. Lincoln County Drug Endangered Children (DEC) Program
The Lincoln County Drug Endangered Children (DEC) Program helps to break the cycle of
addiction and heals families wherever possible. The DEC Program provides direct services for drug
endangered children and their families through the Children’s Advocacy Center and state child
welfare, including replacement clothing and personal effects, medical services, and counseling.
d. Oregon’s Response to the Meth Epidemic
The Lincoln County Meth Initiative led Oregon’s response to the meth epidemic. Extensive
media coverage and spreading the word about the dramatic positive results have recently led other
states and nations to follow Oregon’s lead.
In 2010, the State of Mississippi followed suit and has already experienced impressive results.
Similar legislation is currently pending in many other states.
In Oregon we continue to promote science-based drug policies. Our most recent efforts are
designed to address escalating levels of addiction to prescription drugs, especially among our youth.
Figure 2 on the next page depicts recent drug abuse trends in Oregon as measured by treatment
admissions.
Lincoln County District Attorney’s Office – 2010 Annual Report – page 8 of 10

9. Crime
In 2009, Oregon experienced the largest drop in crime rates in our nation. By 2010, Oregon
crime rates were at a 50 year low. Oregon’s response to the meth epidemic has been credited by the
Oregon Criminal Justice Commission and The Oregonian as one of the reasons behind this good news.
Public perception is, however, quite another thing. In February of 2011, the Criminal Justice
Policy Research Institute (CJPRI) of Portland State University issued a report which concluded, among
other things, that:
• “Oregon’s violent and property crime rate trends continue to decline. Crime
rates in Oregon are at their lowest level since the 1960’s.”
• “However, a recent statewide survey indicates most Oregonians believed crime
across the state increased last year and very few believed crime decreased.”
Although reported crime rates in Oregon are available for 2009, and preliminary rates are
available for 2010, they are not yet available for Lincoln County specifically. Hopefully that data will
be available soon, so we are providing the following two hyperlinks to the web pages for the usual
sources for that information:
• Oregon State Police, Criminal Justice Information System (CJIS)
• Oregon Criminal Justice Commission, Statistical Analysis Center (SAC)
Lincoln County District Attorney’s Office – 2010 Annual Report – page 9 of 10

Lincoln County District Attorney’s Office
ROSTER and ASSIGNMENTS
Linda Evans, Front Desk, 265-4145, levans@co.lincoln.or.us
o Linda also handles conviction requests and discovery billing
Gina Lekas, Case Manager, 265-0253, glekas@co.lincoln.or.us
Jill Wagner, Office Manager, 265-0257, jwagner@co.lincoln.or.us
Ron Benson, Investigator, 265-0271, rbenson@co.lincoln.or.us
Brenda Sigmon, Records Technician, 265-0263, bsigmon@co.lincoln.or.us
Prosecutors
Drew Moore, 265-0251
dmoore@co.lincoln.or.us
Marcia Buckley, 265-0276
mbuckley@co.lincoln.or.us
Legal Assistants
Diana Flescher, 265-0250
dflescher@co.lincoln.or.us
Diana also handles special prosecutions
Michelle Branam, 265-0260
mbranam@co.lincoln.or.us
Jonathan Cable, 265-0254 (except juvenile dependency)
jcable@co.lincoln.or.us
Brian Gardner, 265-0246 (except juvenile delinquency)
bgardner@co.lincoln.or.us
Nelly Wright, 265-0264
nwright@co.lincoln.or.us
Kylie Andrisa, 265-0258
kandrisa@co.lincoln.or.us
Rob Bovett, 265-0269 (probation violations)
rbovett@co.lincoln.or.us
Elijah Michalowski, 265-0252
emichalowski@co.lincoln.or.us
Brian Gardner, 265-0246 (juvenile delinquency)
bgardner@co.lincoln.or.us
Vacant, (child support enforcement and child dependency)
Jonathan Cable, 265-0254 (juvenile dependency)
jcable@co.lincoln.or.us
Rob Bovett, 265-0269 (except probation violations)
rbovett@co.lincoln.or.us
Carol Quayle, 265-0249
cquayle@co.lincoln.or.us
Carol also handles Alice and Kristin
Candi Hart, 265-0248
chart@co.lincoln.or.us
Candi also handles LEDS
Debbie Howard, 265-0274
dhoward@co.lincoln.or.us
Teresa Canfield, 265-0273
tcanfield@co.lincoln.or.us
Jen Tyler, 265-0256
jtyler@co.lincoln.or.us
Paula Deahl, 265-0268
pdeahl@co.lincoln.or.us
Gina Lekas, 265-0253
glekas@co.lincoln.or.us
All DUII cases
Vangie Eisenbarth, 265-0247
veisenbarth@co.lincoln.or.us
Victims Assistance Program:
Marcia Thompson, Victims Advocate / Program Manager, 265-0265, mthompson@co.lincoln.or.us
Molly Hawley, Part-time Victims Advocate, 265-0267, mhawley@co.lincoln.or.us
Motoko Buehn, Part-time Victims Advocate, 265-0262, mbuehn@co.lincoln.or.us
Julie Bobo-Shisler, Part-time Victims Advocate, 265-0275, JBobo-Shisler@co.lincoln.or.us
Lincoln County District Attorney’s Office – 2010 Annual Report – page 10 of 10

Lincoln County District Attorney’s Office
225 W Olive Street, Room 100
Newport, OR 97365
541-265-4145
www.co.lincoln.or.us/da/